Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-06-05
ruE yAmEs.RsvER DAMS.
Law Passed ne the Late session re.
Hating 60 Their Removal.

IL exact:
can Act TO Secure the Removal OF Certain
Dams on the James River and ITS Tributa-
ries":
whereas numerous residents OF The James
River Valley have presented a petition eet-
ting forth that serious injuries are being
inflicted upon that region by the mantle.
nance OF sundry dams OF the Richmond aud
Allegheny Railroad Company, and asking
that such steps as are practicable be taken
TO secure the destruction or removal OF
said dams, Tor the purpose OF improving
the sanitary conditions aud lowering the
il0od.lines; and whereas the receivers ia
charge Of the property Of the Richmond
and Allegheny Railroad Company have
joined in said petition and expressed their
readiness fully to cooperate in sad en-
deavor, provided there can he secured such
protection rs would warrant the very large
outlay which the destruction or removal Of
the dams will involve; and whereas It Is
deemed expedieni to grant the prayer Of
the petition TO the extent and under the
Limitations herein provided: therefore
BE II enacted by the General assembly OF
lirqinid, That there shall be appointed by
the Beard Of Public Works three discreet.
intelligent, and impartial men-neiiher
bOndhOldeTs nor stockholders OF the James.
River and Kanawha COmpany, the R.,ch-
mond and Allegheny Railroad Company,
nor owreTs Of nor interested In any lands,
property, or improvements 20 be affected
by the terms OF this &C. who shall consti-
tute beard Of commissioners to examine
into the feasibility OF removing so many OF
The dams belonging to the Richmond aud
Al6ghaUs Railroad Company as may he re-
moved without violation OF its charter
obligations and without injury II any
existing or vested rights. The said CON-
miSsioneTs shall confer VITA the said re-
ceivCrs or tbcir successors, and az par
tieS 'rhO hare grants or leases OF
,ootCj' pClrer, who shalt furnish them
with all neediul information, and
the said commissioners shill determine
which OF the said dams should be destroy
ed or removed and which should ne re.
tanned, ana shall report The result OF their
examination so far as dpprored and
confirmed ia ne mdnner hereinafter pro-
rfded TO tire Board OF Puolic Works.
The sad commissioners shall also. with
the advice Of such member OF the state
Board Of Health or any doctor OF medi-
cine as may be designated by the Gov
ernor for the performance OF such
uAliNs utNiAlt Nuu lDNii "a tbt ~
ceivers or their successors "a 10 the season
of the year when the destruction or removal
of such dams shall be effected. Upon Such
report being made to the Board OF Public
Works the said receivers or their successors,
the Richmond and Allegheny Railroad Com
pany, or aUy successor company, shall be
authorized and empowered to remove or
destroy The dams or any OF them deter
mined and reported as practicable and pro.
per 10 be removed, aS above set forth; and
II the same be removed and destroyed in
conformity with the terms OF this act, then
neither the receivers nor the Richmond and
Allegheny Railroad Company nor its sue
cessOT company shall be responsible or liable
for any damages which may be cltimed
TO result from such destruction or removal,
except such damages as may he awarded Tor
the condemnation Of wafer grants and lea-cs
rs hereinafter provided. Nothing in this
act shall be construed as relieving the Ri:h-
mond and Allegheny Railroad Company
from its duty imposed by its charter - to
MAINTAIN The present water supply OF the
docks aud of the canal along It's line be.
tween Bosher's dam and tidew lter and
along the Lynchburg level between the
wattI.wOrks dam above Lynchburg and the
first lock below Lynchburg"; nor 10 per-
nit the destruction OF any dams used or
needed fer supplying said levels; nor as
interfering with rights of said company to
sell or lease water. power on sid levels.
TIE commissioners shall hold Office during
the pleasure of the Board OF Public Works,
and shall receive rs compensation f0ut dol
lars each TOR a time not preceding thirty
ddyS, aud their medical adviser ten dollars
for each day not exceeding .fUe days, they
shall he engaged IN the discharge Of their
duties: which compensation shall be paid
by The receivers OF the Richmond aud
Allcgbany railroad or their SUCCESSORS,
who shalt also furnish the commissioners
and their medical adviser with free trans
pOriation to and from the place OF perform
iDg their duties.
.. Be Il fnIHer enacted. That whenever
the said receivers or their successors, Or the
company winch shall succeed the said
Richmond and Allegheny Railroad Com
pany, shall have destroyed or removed all
OF tie dams extending across James
river between Bosher's dam and the
dam at Lynchburg. except the low
dam which extends partly across the
river OF Middleton Mills, the said COM
mission IN III certify the feet to the Board
Of Public Works. and upon the fling OF siid
Railroad Compny aud its successor COM
psny shall be forever released from the OBJ
legation 10 bul'd or keep up fiShways or
ladders into or upon such OF ITS dams as it
may Ice authorized 10 maintain.
3. Be II further enacted, That 1t shall be
awful for The said receivers or the said
Richmond and AleebaDy Railroad Com
pany or its successor company TO agree
no n az r thD
lessee under any uneXpired contract or
lease Of water for tie termination OF such
lease or grant, and il they cannot agree
with the owner on the terms OF purchase the
said receivers, the Richmond and Alleghl-
nv Railroad Company or lis successor COM
panv, may proceed TO condemn such grant
or lease and CXtiDguish further obligation
Hereunder, and the said commissioners
provided to be appointed by this act, who
Shall constitute board for the purpose.
shall, after giving notice to tie OloRerS Of
such lcdter rights as required by taU
for the condemnation Of lands, as.
sess such damages as may result 10 the
owner or lessee OF such water grant from
the removal OF said dams and the conse-
qBent destruction OF the water-power, and
make report 10 the county courts Ct tie re-
Spectire counties tchere the lcdter p0lcer is
used, and after the fling Of said report
the proceedings shall conform as near as
m0g be to the provisions Of chapter Sc OF
the code Of 1913 regulating condemnation
proceedings.
4. This act shall be in force from its pas
sage.
Matter In italics was inserted in the way
Of amendments and as proposed by the
Iousp committee i'm lieu of ceftlin DrO.